Apple FireWire Reference Platform

Transcription

1 Apple FireWire Reference Platform Implementation License Checklist To obtain an Apple FireWire Reference Platform Implementation License: Print two copies of the attached FireWire Reference Platform Implementation License On each copy, type or print the information requested in the Section entitled Licensee Sign both copies of the Implementation License where indicated Make a photocopy of the completed Implementation License for your records Mail the two signed Implementation Licensee copies to: Apple Software Licensing Department 2420 Ridgepoint Drive MS 198 SWL Austin, TX Faxed agreements will not be accepted. Apple will return one signed original Implementation License to you for your records. Your Implementation License will become effective when executed by Apple. If you have questions, please contact Apple Software Licensing at sw.license@apple.com or FWRPIL Page 1

2 Apple FireWire Reference Platform Implementation License Version 4.0 You may download the Apple FireWire Reference Platform (the Reference Platform ) pursuant to the terms of an Evaluation License available at If, after evaluating the Reference Platform, you would like to obtain a license to develop or distribute assemblies incorporating any portion of it or any Modification to it, please print this Apple FireWire Reference Platform Implementation License ( Implementation License ), complete the checklist at the end of the document and mail two original signed Implementation Licenses and the completed checklist to Apple Software Licensing at the address listed in the checklist. Your license will become effective when executed by Apple. You are not authorized to develop or distribute any assembly incorporating the Reference Platform or any Modification or to use the Reference Platform in any other way not expressly permitted by the Evaluation License until you receive an Implementation License ( Implementation License ) signed by Apple. If you have questions, please contact Apple Software Licensing at sw.license@apple.com or Licensee Your Company Name: Individual Contact: Your Street Address: City: Zip Code: Your Telephone Number: Your Address: State: Country: Your Fax Number: Your Website: FWRPIL Page 2

3 Agreement 1. Definitions Capitalized terms used in this License are defined in Exhibit A. 2. Permitted Uses, Conditions & Restrictions Subject to the terms and conditions of this Implementation License, Apple hereby grants You, effective on the date this License was executed by Apple, a world-wide, royalty-free, non-exclusive, personal, non-transferable license under Apple s copyrights, with no rights to sublicense, to do the following: A. Use and reproduce the Reference Platform and make Modifications internally only and only for the purpose of developing Enabled Products and Error Corrections; and B. Distribute the Reference Platform and any Modifications made by You in Executable Code form, but only as incorporated in and distributed in Enabled Products. C. Use any integrated circuit designs included in the Reference Platform, including any Modifications of the designs made by You, in Enabled Products, and to distribute such Enabled Products. You may create a Larger Work by combining the Reference Platform and/or Modifications made by You with other code not governed by the terms of this Implementation License and distribute the Larger Work in an Enabled Product. In each such instance, You must make sure the requirements of this Implementation License are fulfilled for the Reference Platform and any Modifications included in the Larger Work. You must retain and reproduce in all copies of the Reference Platform and any Modifications the copyright and other proprietary notices and disclaimers of Apple as they appear in the Reference Platform, and keep intact all notices in the Reference Platform that refer to this Implementation License, the Evaluation License or any other FireWire Reference Platform License. You must also duplicate, to the extent it does not already exist, the notice in Exhibit B in any Modifications created by You, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change. You agree to make any Error Corrections available to Apple in the manner described on Apple s Reference Platform web page at which Apple may modify from time to time. You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under any intellectual property rights owned or controlled by You, to use, reproduce, display, perform, modify or have modified (for Apple and/or any of its subsidiaries), sublicense and distribute such Error Corrections, in any form, through multiple tiers of distribution. FWRPIL Page 3

4 You agree that Apple may list the Your name and the name and description of any Enabled Product that incorporates the Reference Platform or any Modification in an index of FireWire products and that Apple and its subsidiaries may make that index available to any of their customers or potential customers. If Apple requests, you will promptly provide the name and a general description of each of Your Enabled Products and, if available, the URL for a website containing additional information about those Enabled Products. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Reference Platform set forth herein, neither Apple nor any Contributor provides any assurances that Your use, reproduction or modification of the Reference Platform, or Your use, manufacture or sale of any Product containing the Reference Platform or Modifications, will not infringe patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility for securing any necessary patent or other intellectual property licenses, including any rights that pertain to the IEEE 1394 Standard. You agree to defend, indemnify and hold Apple harmless against any claims, causes of action, liabilities, damages, fines, costs, fees and expenses (including attorney and other professional fees and expenses) arising out of Your use or distribution of the Reference Platform or any Modifications, including, without limitation, any patent infringement claims by third parties arising from Your use or implementation of the IEEE 1394 Standard, any claims that the combination of the Reference Platform and any software, apparatus, assembly or data not supplied by Apple infringes any patent, copyright, trade secret or other intellectual property right, and any claims based on injury to person or property arising from Your use or distribution of the Reference Platform or any Enabled Product. 3. No Essential Patent License This Implementation License does not grant a license, expressly or by implication, estoppel, exhaustion or otherwise, under any Apple patents, including those patents essential to implement the IEEE 1394 Standard, whether or not such patents cover the Reference Platform. Patents essential to implement the IEEE 1394 Standard may be licensed from 1394 LA. For more information, visit 4. No Trademark License This Implementation License does not grant a license, expressly or by implication, estoppel or otherwise, to use the trademarks or trade names Apple, Apple Computer, FireWire, the FireWire symbol, the FireWire logo or any other trademarks or trade names belonging to Apple or to any trademark or trade name of any Contributor. To obtain a FireWire trademark license, please visit 5. Ownership of Modifications Subject to the licenses granted under this Implementation License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Reference Platform and any Modifications made by or on behalf of Apple ( Apple Modifications ), and such Apple Modifications will FWRPIL Page 4

5 not be automatically subject to this Implementation License. Apple may, at its sole discretion, choose to license such Apple Modifications under this Implementation License, or on different terms from those contained in this Implementation License or may choose not to license them at all. 6. Additional Terms You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ( Additional Terms ) to one or more recipients of an Enabled Product incorporating the Reference Platform or a Modification. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms. 7. No Warranty Or Support The Reference Platform may contain in whole or in part pre-release, untested, or not fully tested works. The Reference Platform may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Reference Platform or any Modification is at Your sole and entire risk. THE REFERENCE PLATFORM IS PROVIDED AS IS AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 7 AND 8) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER APPLE NOR ANY CONTRIBUTOR WARRANTS AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE REFERENCE PLATFORM, THAT THE FUNCTIONS CONTAINED IN THE REFERENCE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE REFERENCE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE REFERENCE PLATFORM WILL BE CORRECTED, OR THAT THIS IMPLEMENTATION LICENSE CONTAINS ALL RIGHTS NECESSARY TO IMPLEMENT ANY IEEE STANDARD. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Reference Platform and Modifications are not intended for use in the operation of nuclear facilities, aircraft navigation, air traffic control machines, or any other use in which case the failure of the Reference Platform or Modification could lead to death, personal injury, or severe physical or environmental damage and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such use. 8. Limitation Of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR FWRPIL Page 5

6 CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS IMPLEMENTATION LICENSE OR YOUR USE OR INABILITY TO USE THE REFERENCE PLATFORM OR ANY MODIFICATION, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this Implementation License exceed the amount of fifty dollars ($50.00). 9. Term and Termination This Implementation License will become effective on the date signed by Apple and, unless terminated pursuant to this Section 9, is perpetual. This Implementation License and the rights granted hereunder will terminate immediately and automatically, without notice from Apple, if: A. if You fail to comply with any term(s) of this Implementation License and fail to cure such breach within 30 days of becoming aware of or receiving notice of such breach; B. in the event of the circumstances described in the subsection entitled Severability, below; or C. if You, at any time during the term of this Implementation License, commence an action for patent infringement against Apple. Upon termination or expiration, You agree to immediately stop any further use, reproduction, modification, and distribution of the Reference Platform and Modifications and to destroy all copies of the Reference Platform and Modifications that are in your possession or control. Provisions which, by their nature, should remain in effect beyond the termination of this Implementation License shall survive, including but not limited to the last three paragraphs of Section entitled Permitted Uses, Conditions and Restrictions and the Sections entitled Ownership of Modifications, No Warranty or Support, Limitation of Liability, Term and Termination and Miscellaneous. Apple will not be liable for compensation, indemnity or damages of any sort solely as a result of terminating this Implementation License in accordance with its terms, and termination of this Implementation License will be without prejudice to any other right or remedy Apple may have, now or in the future. 10. Miscellaneous A. Government End Users. The Reference Platform is a commercial item as defined in FAR Government software and technical data rights in the Reference Platform include only those rights customarily provided to the public as FWRPIL Page 6

7 defined in this Implementation License. This customary commercial license in technical data and software is provided in accordance with FAR (Technical Data) and (Computer Software) and, for Department of Defense purchases, DFAR (Technical Data -- Commercial Items) and (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Reference Platform with only those rights set forth herein. B. Export. You may not export, re-export, import, sell or transfer the Reference Platform except as authorized by United States law, the laws of the jurisdiction in which You obtained the Reference Platform, and any other applicable laws and regulations. In particular, You agree that you will not export or re-export the Reference Platform into (or to a national or resident of) any country embargoed by the United States or to anyone on the U.S. Treasury Department s list of Specially Designated Nationals or the U.S. Department of Commerce s Table of Denial Orders. C. Relationship of Parties and Third Party Beneficiaries. This Implementation License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. This Implementation License is not for the benefit of any third parties. D. Assignment. This Implementation License may not be assigned by operation of law, merger or any other means without Apple s prior written consent and any attempted assignment without such consent will be null and void. E. Independent Development. Nothing in this Implementation License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, Enabled Products or any other technology or products that You may develop, produce, market or distribute. F. Waiver and Construction. Failure by Apple or any Contributor to enforce any provision of this Implementation License will not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract shall be construed against the drafter will not apply to this Implementation License. G. Severability. If for any reason a court of competent jurisdiction finds any provision of this Implementation License, or portion thereof, to be unenforceable, that provision of the Implementation License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this Implementation License will continue in full force and effect. Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully FWRPIL Page 7

8 and/or specifically complying with the Section of this Implementation License entitled Permitted Uses, Conditions & Restrictions or prevents the enforceability of that Section, this Implementation License will immediately terminate and You must immediately discontinue any use of the Reference Platform and Modifications and destroy all copies that are in your possession or control. H. Dispute Resolution. Any litigation or other dispute resolution between You and Apple arising out of or relating to this Implementation License, the Apple Reference Platform or Your relationship with Apple shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and exclusive venue in, the state and federal courts within that District with respect any such litigation or dispute resolution. This Implementation License shall be governed by and construed and enforced under the laws of the United States and the State of California, except that body of California law concerning conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. I. Entire Agreement; Modifications. This Implementation License constitutes the entire agreement between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof. It may be modified only by a written amendment signed by both parties or by Apple as expressly permitted herein. If You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this Implementation License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. IN WITNESS WHEREOF, the parties have executed this Implementation License through their duly authorized representatives. Apple Computer, Inc. By: Licensee: By: Name: Title: Date: Administrator Name: Title: Date: FWRPIL Page 8

9 Exhibit A Definitions Whenever capitalized in the Implementation License, the following terms will be defined as follows: Contributor means any person or entity not a party to this Implementation License that creates or contributes to the creation of the Reference Platform, an Error Correction or Modification. Enabled Product means any assembly that (1) is created by You, including any board, module, integrated circuit, macrocell and/or core of an integrated circuit that complies with the IEEE 1394 Standard, or Larger Work distributed as Executable Code, and (2) incorporates, is made using or implements any part of the Reference Platform or a Modification, and provides significant added value to such Reference Platform or Modification. Error Correction means any bug fix or other Modification that corrects or works around, or is intended to correct or work around, a reproducible defect in the Reference Platform which causes it to fail to operate in a material manner or produce incorrect or substantially incorrect results. Evaluation License means the Apple FireWire Reference Platform Evaluation License, including all Exhibits attached to it, available at Executable Code means the fully compiled version of a software program that can be executed by a computer and used by an end user without further compilation. Larger Work means a work that combines the Reference Platform or Modifications with code not governed by the terms of this Implementation License. IEEE 1394 Standard means IEEE Std IEEE Standard for a High Performance Serial Bus, and all amendments and revisions thereto, including IEEE Std 1394a-2000 and IEEE Std 1394b-2002, each as approved by the Standards Board ( ) or the IEEE-SA Standards Board (1394a and 1394b) of the Institute of Electrical and Electronic Engineers, Inc. of New York, New York or the Board of Directors of the 1394 Trade Association of Southlake, Texas. Implementation License means this Reference Platform Implementation License, including all Exhibits attached to it. Modification means any addition to, deletion from, and/or change to, the substance and/or structure of the Reference Platform, any previous Modifications, the combination of Reference Platform and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing the Reference Platform and/or any previous Modification; and/or (b) any new file or other representation of computer program statements that contains any part of the Reference Platform and/or a previous Modification. FWRPIL Page 9

10 Reference Platform means any Executable Code, source code, integrated circuit design, or documentation that (i) contains a header file stating that it is subject to the Apple FireWire Reference Platform License and (ii) is made available by Apple for download under the Evaluation License while this Implementation License is in effect. Apple is not obligated to make available for download under this License Agreement any updates or revisions to the Reference Platform. You or Your means the individual or legal entity named in the first Section of this Implementation License. For legal entities, You or Your includes any entity which controls, is controlled by, or is under common control with, You, where control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. FWRPIL Page 10

11 Exhibit B Required Notices Portions Copyright Apple Computer, Inc. All Rights Reserved. This file contains the Apple FireWire Reference Platform and/or Modifications thereto which are subject to the Apple FireWire Reference Platform Evaluation License ( Evaluation License ). You may not use this file except in compliance with the Evaluation License. Please obtain a copy of the Evaluation License at and read it before using this file. To obtain a license to develop or distribute assemblies incorporating the Reference Platform or Modifications, visit The Apple FireWire Reference Platform and all Modifcations are distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT. Please see the Evaluation License for the specific language governing rights and limitations under the Evaluation License. FWRPIL Page 11